AFFORDABLE LEGAL SERVICE - SOCIAL SECURITY DISABILITY

We believe that professional assistance should be accessible and affordable, especially for disabled persons seeking disability benefits.

Therefore, the Forsythe Firm, in accordance with Social Security regulations, offers the following fee structure:

• All initial consultations are free with no obligation.
• We charge no upfront fees or expenses - ever.
• You pay a fee only if your claim is approved with back payments collected.
• Our fee is a small percentage of the back pay you get.
• If you are not approved, or if you are approved without back pay, we never charge you a fee or expense.

What Kind of Cases Do We Accept?

The Forsythe Firm accepts Social Security disability cases, both for initial application and at various stages of appeal.  Our ideal client has a strong work history, has recently become unable to work, and has regular treatment from a physician that will prove his or her disabling impairment(s). During your initial contact with us, we will thorough examine your case and give you a free evaluation--to see if you meet the basic SSDI rules for benefits.  Then, if we accept your case, we will work to secure a favorable decision and get you paid as quickly as possible.

How Do I Begin?

Please call the Forsythe Firm at (256) 799-0297.  An experienced advocate will ask you some questions and, if necessary, set up a local appointment for you in our Huntsville office to proceed.

SOCIAL SECURITY JUSTICE: ABOUT THE FORSYTHE FIRM 

OUR APPROACH TO SOCIAL SECURITY DISABILITY FOR OUR CLIENTS

FORSYTHE FIRM MISSION STATEMENT:  To help each client obtain SSDI benefits as quickly as possible, always representing with respect and dignity.

Here is what to expect when you contact the Forsythe Firm with a Social Security disability inquiry.  

First, we will speak with you by telephone to get some basic information:  your name, age, type of impairment and what stage your claim is (about to file, already filed, denied, waiting on a hearing, etc.).

Next, we will schedule an appointment at our office to meet with an experienced advocate.  Here, we will help you complete forms and gather further information that will allow us to best assist you with your claim or appeal.  We will answer any questions you have and explain the process to you.

Now that we have been appointed to represent you, our office will handle most of the paperwork, forms and communications with Social Security for you.  We will keep in touch with you during the process to let you know about developments in your case.  And we will be here to answer questions or concerns as they arise.

As a full-service, local office, the Forsythe Firm will represent you personally and tailor an approach that is most likely to produce a favorable outcome.

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USE OF HANDS: REQUIRED IN ALL TYPES OF WORK

I was recently in a hearing where the claimant's doctor provided a written statement.  The doctor said the claimant can sit for 2 hours per day and can walk for 3 hours and stand for 3 hours.  He says she can lift up to 20 pounds occasionally and 10 pounds frequently.  It sounded like she can perform light work.

However, tucked away in the doctor's report, he stated that her ability to reach, handle and perform fine manipulations with the fingers is limited to "occasional," which Social Security defines as "from very little up to one-third of the time."

Most experts recognize that work at all exertion levels requires adequate use of the upper extremities for reaching, handling or using the fingers.  And it requires this ability on more than just an occasional basis.  Therefore, light work is precluded with a person who can't adequately use their hands or upper extremities for reaching, grasping, handling, etc.

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WHY SSDI IS NOT WELFARE

I speak truthfully when I tell people that Social Security disability is not welfare.  You paid for it, you earned it.  Claim it.

Here's why the Social Security disability program is not welfare:

1)  You paid FICA tax every day you worked.  FICA stands for "Federal Insurance Contribution Act."  It's actually a Social Security tax.  It came out of every paycheck you earned.

2)  You were forced to purchase Social Security disability insurance (SSDI) by the US government.  You were not given a choice.  This is a government sponsored disability insurance plan, just like you would purchase from an insurance company.  The only difference, it was mandatory--you were forced to buy it, no choice.

3)  The Social Security program is self-financing.  It is not paid for out of the general US treasury.  FICA taxes come out of your paycheck, are matched by your employer, and go into a special trust fund.  When you become disabled, money comes out of the trust fund to pay your benefit.  This is the same principle used by large insurance companies to offer benefits to their policyholders.  When you get an SSDI benefit check, you are not spending government tax money.

If you bought an insurance policy from Allstate, State Farm, Met Life or any other large insurance company, and paid premiums for years, wouldn't you expect them to pay a claim on the policy?  That would not be welfare.  That would be business under contract.

The same is true with Social Security disability.  You paid the premium every day you worked.  Now, you have a claim.  Expect the government insurance plan to pay off on it.  No welfare involved here.   

 

SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM 

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"CONCENTRATION, PERSISTENCE AND PACE"

Many people think of disability as requiring a wheelchair or walker to get around, or another obvious condition that makes working difficult.  That's not always the case.

Social Security's definition of "ability to work" means working 8 hours a day, 5 days a week, on a "regular and continuous basis."

An individual may meet the requirement for disability by being unable to perform consistent work.

Concentration refers to the ability to stay focused on work-related activities.  Most work requires this ability for at least 2-hours at a time and for 8 hours during a workday.

Persistence is the ability to report to work regularly and consistently and remain on the job for 8 hours per day.  Being excessively off task or having excessive absences will interfere with this ability.

Pace means the ability to produce a sufficient amount of work at an acceptable speed or rate.  

Concentration, persistence and pace may be affected by pain, fatigue, mental illness such as anxiety or depression--or a number of other factors.

If a claimant would be absent more than 1 or 2 days per month, be off task greater than 10 percent of the time or have an unacceptably slow pace on the job, he or she may qualify for disability benefits.  Of course, there must be a medical reason for these deficiencies as demonstrated in the medical records.

SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM 

WHY EVERYONE IS NOT COVERED BY SOCIAL SECURITY DISABILITY

Social Security disability (SSDI) was started in 1954 to cover workers who became disabled.  It is a government sponsored disability insurance plan paid for by payroll deductions.  Therefore, only persons who have worked are covered by SSDI.

When an individual stops working, he stops paying into the Social Security program.  Usually, he or she remains an "insured person" for about 5 years after stopping work.  Then, he is no longer an "insured person" and is not eligible to apply for a new disability.

Social Security requires that you have a minimum number of "quarters of coverage" to be covered.  A worker earns a quarter of coverage for each 3 month period when he earned at least $1,320 during the quarter (this is the 2017 amount).   

Here is a general rule of thumb for most workers:  You must have worked at least 5 years out of the most recent 10 year period to be covered.  Very young workers will need less work to be covered.

People are often confused when we call Social Security disability "insurance."  But that's exactly what it is.  Not everyone is covered--only those who worked and paid a sufficient amount of FICA tax into the Social Security trust fund.  This is equivalent to paying premiums on your auto or homeowners insurance.  If you don't pay premiums, you have no coverage.  The same is true with Social Security.

Before you file a disability claim, you can find out  if you have enough work credits to be covered.  You do this simply by calling a Social Security office.  Ask them for your "Date Last Insured" or DLI.  This is the date on which your Social Security disability coverage will expire (or has already expired, perhaps).

EXAMPLE:  What if my Date Last Insured (DLI) was 12/31/16?  You are still entitled to file one disability claim AFTER 12/31/16.  However, you must prove that your disability began before the DLI--that is-- before 12/31/16.  If your disability began after that date, you are not insured and cannot file a claim on the expired insurance.  The older the DLI, the more difficult it becomes to qualify, largely because it becomes increasing more difficult to get older medical evidence to prove the onset of disability.  

Final Note:  Your Date Last Insured has absolutely nothing to do with your medical or health insurance.  The DLI is unique to Social Security.  It is a date used only by Social Security and refers only to your insured status at the Social Security Administration.

THE FORSYTHE FIRM: SOCIAL SECURITY JUSTICE

Call the Forsythe Firm (256) 799-0297